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Abstract
The suspension of the leave due to birth of a child envisaged to date in Art. 37.3.b) ET has given rise to an interesting debate on the validity of various clauses introduced into numerous collective wages agreements which included and, in many cases, improved on the aforementioned leave due to the birth of a child and, in particular, on whether these clauses were no longer valid following Royal Decree-Law 6/2019 or whether, on the contrary, the workers could still resort to them to enjoy the leave due to the birth of a child, before enjoying the corresponding suspension of the contract envisaged to this end for the other parent. The Supreme Court tackles this issue for the first time precisely in the judgement of 27 January 2021 to which this comment refers.
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